Our Terms of Service Agreement lists a few simple policies about our services, including our strict anti-spam policy.
• AGREEMENT.
In this Terms of Service Agreement ("Agreement"), "you" and "your" refer to the customer; "we", "us" and "our" refer to Ideaserved, Inc; and "services" refers to our Web hosting and domain name registration services. You agree to be bound by this Agreement, and any modifications to this Agreement that we post on our Web site, as long as you continue to use the services.
• FEES FOR WEB HOSTING SERVICE. (Applies only to Web hosting accounts.)
You will be billed for the prior month's service on or about the first day of each calendar month. If you have a credit card on file for your account, it will be charged at that time. Your service continues until you cancel it by contacting sales@ideaserved.com and you agree to pay us the applicable fees each month until you do so. If payment is not received within 10 days of the due date (for example, if your credit card company declines to authorize a charge to your credit card and you do not provide alternate payment within 10 days), we may suspend your use of the services until payment is made.
• FREE DOMAIN NAME WITH WEB HOSTING. (Applies only to Web hosting accounts.)
For accounts that include a “free domain” only the first year of the domain registration fee is waived. The domain is owned by Ideaserved, Inc. until the original service term is met. If you cancel your account prior to the end of the term to which you originally committed the domain will be made available to you for purchase. If you continue to use our services beyond the term to which you originally committed you will be billed for the ongoing domain registration fee annually and upon dissolution of our agreement ownership of the domain will be transferred to you free of charge.
• CONNECTIVITY CLAUSE. (Applies only to Web hosting accounts.)
We make every reasonable effort to maintain operation of the services we provide however because there are circumstances beyond our control Ideaserved, Inc. does not in any way warrant or otherwise guarantee the availability of our system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Ideaserved, Inc.
• FEES FOR "DOMAIN NAME ONLY" SERVICE ARE NON-REFUNDABLE. (Applies only to "domain name only" accounts.)
It is not technically possible to cancel or modify a domain name after it is registered, so we cannot offer a refund if you change your mind or realize you made a typographical error. Please verify that you have spelled your domain name correctly, and that you actually want to register the name you have typed, before finalizing your order.
• NO SPAM.
We do not permit our customers to send or use unsolicited bulk messages, commonly known as "spam".
"Unsolicited bulk messages" are substantially similar messages sent to multiple recipients who do not personally know you (other than confirmation messages sent to people who have engaged in a transaction with you), unless you can prove that each recipient has given your organization (or the e-mail sender's organization, if different) explicit verified prior consent to send such messages; OR any discussion group message that primarily promotes your interests without contributing to an ongoing discussion (except in the case of messages to groups with a charter or FAQ that specifically encourages "announcements" related to your topic). The definition includes messages sent through our servers or through any other servers.
In detail:
• You may not send unsolicited bulk messages (even if you obtained the list of recipients from a third party who claims they are "opt-in"), nor allow others to send unsolicited bulk messages on your behalf.
• You may not engage in activities that are likely to cause our computer systems to be added to antispam blacklists, such as the MAPS RBL or MAPS NML .
• You may not provide support to others who send unsolicited bulk messages (for example, by offering e-mail addresses or bulk mail software for sale).
• You may not violate any laws regulating spam, including those listed at SpamLaws.com .
• You may not have engaged in these prohibited activities elsewhere.
• If you wish to operate a legitimate mailing list (i.e., you wish to send bulk messages to recipients who have consented to receive them), your mailing list must conform to accepted spam prevention guidelines detailed at MAPS , SpamCop and abuse.net . In particular, you must demonstrate that your mailing list only sends messages to people who have explicitly given your organization prior consent to send them such information, that you verify each subscription request to ensure that one person cannot subscribe another person without the latter's permission, and that you permanently maintain records of the verification date and IP address (or similarly reliable method, as documented at MAPS ) for each recipient. (The mailing list software we provide meets these spam prevention guidelines and automatically maintains the necessary records for all recipient-initiated subscriptions, so this section is only of concern if you send bulk messages without using our software to verify each subscription.)
• If you operate a mailing list but you choose not to use the software we provide to verify subscriptions, you must obtain our permission in advance.
• If a dispute arises as to whether a recipient "opted in" to a legitimate mailing list for which you are required to maintain the verification records, you agree to provide us on request with a complete copy of the records for all mailing list recipients within one business day so we can resolve the issue while maintaining the complainant's privacy. At our discretion, we may suspend your ability to use the services until you provide us with these records.
By way of example, note that this section of the Agreement prohibits promoting your Web site by sending e-mail messages to a list of addresses that you obtained from a third party, or that you compiled from public sources such as Web pages.
As another example, this section also prohibits promoting your Web site by posting messages to Usenet newsgroups, unless that newsgroup's charter specifically allows such announcements or you are legitimately participating in active discussions that include other people ("legitimately participating" means posting messages that go beyond simply advertising your Web site).
Further examples and discussions of our anti-spam policies are available on our spam policy page, which you agree to read if you intend to send messages to any mailing list.
• NO ILLEGAL ACTIVITIES.
You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. You may not use our services to sell products that cannot be legally sold and shipped within the United States , to distribute information that primarily describes illegal activities, to gain unauthorized entry to any computer system or distribute information describing how to do so, or to perform other illegal activities. You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government. Including but not limited to international bodies.
• NO "ADULT-ONLY" SITES.
You may not use our services to distribute pornographic material.
• NO HATE SPEECH OR HARRASSMENT.
You may not use our services to denigrate, defame, or harass private individuals or groups of people identified by their race, religion, national origin, gender, or similar group identity. Non-libelous criticism of public figures is permitted.
• VIOLATIONS.
If we believe, in our sole discretion, that you have violated the NO SPAM, NO ILLEGAL ACTIVITIES, NO "ADULT-ONLY" SITES, or NO HATE SPEECH OR HARRASSMENT provisions of this Agreement, we will immediately terminate your use of the services without warning or refund. If you violate the NO SPAM provision of this Agreement, we will also charge you for the time we spend responding to and investigating complaints about your activities, at a rate of $100 per hour. You agree to pay any such charges.
• ANTIVIRUS SCANNING DISCLAIMER.
We recommend that you use your own anti-virus software, and you agree that we will not be liable for the failure of our system to detect any virus.
• DATA BACKUP DISCLAIMER.
We make daily offsite backups of customer data in an effort to guard against data loss caused by server failures. However, this is not a substitute for your own backup system. We do not guarantee that it will be possible to restore information that has been deleted or damaged, and we charge a fee of $50 per hour to restore information that has been deleted or damaged due to customer error. For these reasons, you agree to maintain your own copy of all data stored on our servers (including files and database contents), and we will not be liable for any loss of data if you fail to maintain your own copy.
• GOVERNING LAW.
This Agreement shall be governed by Oregon law, and any dispute resulting from this Agreement is subject solely to the jurisdiction of Oregon courts. In the event of legal proceedings, the prevailing party shall be entitled to recover reasonable expenses from the other party, including attorney's fees.
• SEVERABILITY.
If any provision of this Agreement is declared invalid or unenforceable, that provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining provisions will remain in full force and effect.
• LIMITATION OF LIABILITY.
Our services are provided on an "as-is" basis. Our entire liability and your exclusive remedy with respect to any services provided under this Agreement or any breach of this Agreement is solely limited to the amount you paid for the services. Under no circumstances shall Ideaserved, Inc. be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if Ideaserved, Inc. has been advised of, or is aware of, the possibility of such damages.
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